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HomeMy WebLinkAbout5.907 Original Contract 5. CfD7 ,- INTERIM. CITY MANAGER - CITY COUNCIL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into by and between the City of Port Angeles (hereinafter called "Employer") and Jerald L. Osterman (hereinafter called "Employee") as City Manager, is set forth to establish a basis for good working relationships and to avoid possible misunderstandings. In accordance with the provisions ofCh. 35A.13 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by a vote of the majority of the City Council. Recognizing the indefinite term of office required by state law, it is nonetheless the intent of this agreement to provide general employment conditions for the period of this agreement unless terminated earlier in accordance with the provisions of this agreement and ofCh. 35A.l3 RCW. Section I - Term: A. This agreement shall be effective commencing September 2, 2008. B. The parties recognize and acknowledge that, by law, the City Manager is an at-will employee, subject to the terms of this agreement. There is no fixed term of employment. While recognizing that, the parties intend to establish by this agreement the terms and conditions for employment of the Employee as City Manager for the period beginning September 2,2008. The parties recognize that the employment of the Employee may be terminated at any time by action of either the Employer or Employee with a minimum of 30 days advance written notice. Employer: Mayor Employee: City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 Jerald L. Osterman 2605-169th St. NE Marysville, W A 98271 Alternatively, notices required by this agreement may be delivered by any means that accomplishes actual notice. (1 of 3) Section II - Duties and Responsibilities: The Employee shall fulfill and carry out all the duties and responsibilities of City Manager in accordance with Ch. 35A.13 RCW, all ordinances and resolutions ofthe City of Port Angeles, and all policies adopted by the City Council not in conflict thereto. Section III - Salary: A. The Employee's total compensation for services performed as City Manager shall be a salary in the amount of$12,000 monthly. B. Payment, less applicable withholdings, will be made at the same time as other Employees. Section IV - Hours of Work: The Employee shall work full time for the City. The City's regular full time work week is 40 hours. The parties anticipate, and the Employee agrees, that additional work hours may be needed in order to discharge the duties and responsibilities of the position of City Manager. The Employee is not entitled to additional compensation for hours worked over 40 per week. Section V - Outside Activities: The employment provided for by this Agreement shall be the Employee's sole employment. Section VI - Benefits: The Employee shall not be entitled to, earn, or accrue any of the benefits granted to other employees. In lieu thereof, Employee will receive a housing allowance of $1 ,000 per month or portion thereof. Payment shall be made no later than the 10th day of each month. Section VII - Expense Reimbursement: Employee will be reimbursed for necessary expenses in accordance with City Policies that apply to other employees. (2 of 3) .. Section VIII - Other Provisions: A. The City shall provide and pay the costs of a cellular telephone to be carried by the Employee to be used for the business of the City. B. The parties recognize that the City Manager is expected to reside inside the City Limits and as such the Employee will seek to locate interim local housing. C. Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand, or other legal action arising out of an alleged act or omission occurring in the legitimate performance of Employee's duties, D. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. E. The text herein shall constitute the entire agreement between the parties. F. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. IN WITNESS WHEREOF, THE CITY OF PORT ANGELES has caused this Employment Agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk, and the EMPLOYEE has signed and executed this agreement, in duplicate this 2nd day of September, 2008. EMPLOYER, CITY OF PORT ANGELES: EMPLOYEE: ~(P'1 C3~ Gary Brau , Mayor ~l,O~ Jerald L. Osterman Attest: .Ao~.~ Becky J. U n, ity Cle Approved as to form: //i / 1J // . ....,......, f " ~~'?c'--~ 2- . William E. Bloor, City Attorney G ILegal_ Backup\AGREEMENTS&CONTRACTS\2008 Agmts&Contracts\Intenm City Manager 082908 rtf (3 of 3)